Livengood v. Joplin-Galena Consolidated Lead & Zinc Co.
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — How. Jos. D. Perkins, Judge. (1) Wilkie and plaintiff were working under one common directing superior, and were fellow-servants. Parker v. Railroad, 109 Mo. 378; Ryan v. McCully, 123 Mo. 636. (2) Plaintiff and Wilkie, the drillman, were fellow-servants, and defendant is not liable for the accident caused by the negligence of Wilkie.
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Appeal from Jasper Circuit Court. — How. Jos. D. Perkins, Judge. (1) Wilkie and plaintiff were working under one common directing superior, and were fellow-servants. Parker v. Railroad, 109 Mo. 378; Ryan v. McCully, 123 Mo. 636. (2) Plaintiff and Wilkie, the drillman, were fellow-servants, and defendant is not liable for the accident caused by the negligence of Wilkie. Grattis v. Railroad, .153 Mo. 380; Hawk v. McLeod Lumber Co., 166 Mo. 121; Lee v. Detroit Bridge & Iron Works, 62 Mo. 565; Higgins v. Railroad, 104 Mo. 413. (3) (a) An employee assumes all the risks naturally incident to the…
1Opinion of the Court
In Banc.
MARSHALL, J.
— -The following opinion heretofore rendered in Division One is hereby adopted as the opinion of the Court in Banc.
Robinson, G. J., and Burgess, Gantt and Brace, JJ., concur; Box, J., not sitting; Valliant, J., dissents.
*233In Division One.
MARSHALL, J.
— This is an action for thirty thousand dollars damages for personal injuries received by the plaintiff by an explosion in defendant’s mine near Carterville, on May 21, 1900. The plaintiff recovered a judgment for ten thousand dollars, and the defendant appealed.
The negligence charged in the petition is that the defendant failed…
2Cases cited5 opinions
- Hamman v. Central Coal & Coke Co.Supreme Court of Missouri · 1900
- Grattis v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1900
- Minnier v. Sedalia, Warsaw & Southwestern Railway Co.Supreme Court of Missouri · 1902
- Fisher v. Central Lead Co.Supreme Court of Missouri · 1900
- Chambers v. ChesterSupreme Court of Missouri · 1903
3Cited by14 opinions
- Knorpp v. WagnerSupreme Court of Missouri · 1906
- Forbes v. DunnavantSupreme Court of Missouri · 1906
- Corby v. Missouri & Kansas Telephone Co.Supreme Court of Missouri · 1910
- Bradley v. James H. Forbes Tea & Coffee Co.Supreme Court of Missouri · 1908
- Graczak v. City of St. LouisSupreme Court of Missouri · 1947
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